AttorneysEd Center

There are many ethical issues that present themselves to the asset protection planner. In this program, Barry Engel reviews a sample engagement letter, setting the stage for a discussion of who is actually the client (including factors to consider in determining whether to represent the individual client, whether to represent husband and wife jointly, or whether to represent the integrated estate planning trust); the potential for conflicts of interest among current clients and former clients and between spouses; the origin and evolution of the attorney-client privilege; and how adversary counsel in an emergency-measures situation may be able to access your “privileged” files. Mr. Engel also covers how the planner should act and react when served with a subpoena; the ethical duty of confidentiality and the purpose and scope of the work product doctrine in the litigation setting (including its elements, exceptions and potential waiver); and balancing the obligation to zealously

Asset protection practitioners should be well-versed in all applicable tax issues related to their clients’ planning. In this program, Barry Engel and Edward Brown provide a comprehensive overview of tax issues specific to asset protection planning, including a discussion on topics such as income, gift and estate tax implications for consideration, grantor trust issues, tax neutrality, select state and local tax issues, and the use of qualified personal residence trusts and/or foreign irrevocable life insurance trusts as asset protection techniques. Filing requirements and other compliance issues are also discussed.

Asset protection practitioners, clients and trustees should endeavor to keep themselves abreast of current trends and developments in the asset protection planning arena. In this program, Barry Engel discusses current trends and developments both legislatively and from a case law point of view. Topics include domestic asset protection developments (including a discussion of the Bryan case which held that a Colorado spendthrift trust was invalid), applicable portions of the recently enacted Hiring Incentives to Restore Employment Act (“HIRE Act”), and recently enacted asset protection planning related developments in the State of Nevada. Mr. Engel also discusses offshore asset protection developments, including case law in the marital area and the updated tax treaty between the United States and Switzerland.

As time is often of the essence with respect to litigation challenges or other types of threats, asset protection practitioners and trustees must know how and when to spring into action in the event a litigation challenge or other threat arises against an integrated estate planning trust (“IEPT”) or a related underlying entity. In the third part of his new 3-part series, Barry Engel provides an in-depth discussion related to the protective measures process. Topics include: • a comprehensive introduction and overview of the concepts of protective measures • specific protective measure techniques • when, where and why to use a foreign bank and foreign funds manager • contempt of court issues • an overview of cases involving litigation challenges.

Asset protection practitioners, their clients, and their client’s trustees need to understand how to properly fund and then administer an integrated estate planning trust (“IEPT”) on a day-to-day basis in order to assist with maintaining the plan’s integrity in the event the plan is ever challenged, whether in litigation or otherwise. In the second of his new 3-part series, Barry Engel covers the following topics: • federal and foreign tax compliance and reporting • anti-money laundering compliance • trustee and third-party due diligence • documenting property transfers • the differences between, and properly documenting, outright distributions and loans • the payment of taxes due on phantom income from an IEPT • whether real estate should be held in an integrated estate planning structure • advising on where in the overall structure title to property should be transferred • refinancing mortgages • suggestions on how to protect one’s professional practice or operating business as part of the overall

Asset protection practitioners need to be well-versed in the relevant core concepts before endeavoring to assist their clients with a plan’s design and implementation. In the first of his new 3-part series, Barry Engel provides an in-depth introduction to the conceptual design and implementation of a client’s overall integrated estate plan. Areas of discussion include: • balancing protection with flexibility • how much of the client’s overall estate should one set out to protect • an overview of available integrated estate planning techniques • whether an integrated estate planning trust (“IEPT”) should stand alone or be integrated with the client’s overall estate plan • the trustee selection process, and whether an IEPT’s settlor(s) should act as the protector(s) of the IEPT • a comparison of domestic trusts versus foreign trusts for both asset protection and U.S. tax purposes • a comparative analysis of which domestic and foreign jurisdictions are

According to a number of studies, during the next 20-25 years, approximately $40 trillion of wealth will be transferred to the next generation and approximately $6 trillion will be invested in charitable organizations. The challenge and opportunity for advisors is to ensure that their clients fully understand the legal and financial options relative to their lifetime and legacy planning. What strategies and estate planning vehicles are available to donors during their lifetime and to families after the death of the donor? Join Betsy Brill, President of Strategic Philanthropy, Ltd. and David Shoub, Attorney with Anthony J. Madonia & Associates, Ltd., as they discuss such topics as: • How advisors can effectively prepare the next generation for charitable stewardship • Legal and tax strategies for effective succession planning • Connecting lifetime and legacy giving

The current economic crisis, the Madoff scandal and recent landmark cases addressing donor intent have had a dramatic effect on clients’ charitable giving decisions. Join Betsy Brill, President of Strategic Philanthropy, Ltd. and Carleen Schreder, Esq., a partner with Levin Schreder & Carey, as they discuss what advisors and clients should know and do to protect their philanthropic investments. Topics include: • How lawyers can guide charitable planning in these times • Strategies for managing and protecting donor intent • Conducting effective due diligence • Governance issues for private foundations

Planners must take certain considerations into account before proceeding with the design and implementation of a client’s overall integrated estate plan. This includes being aware of the potential for personal liability pitfalls. Regardless of the level of care taken or the amount of due diligence exercised by the planner, it is possible that the planner can be on the receiving end of one or more civil claims one day. Nevertheless, being forewarned is forearmed. Join Barry Engel as he discusses areas of potential civil liability exposure in the asset protection and integrated estate planning contexts, including malpractice, fraud claims, claims for breach of fiduciary duty, conversion, fraudulent transfer exposure, co-conspirator liability and/or aiding and abetting liability, and provides you with valuable information to help you protect against the possibility of suffering personal liability pitfalls.

Join Barry Engel as he discusses a range of topics pertaining to ethical considerations in the asset protection planning context. Topics include the sometimes not-so-simple question of who is actually the client (including when to represent the individual client, when to represent husband and wife, and when to represent the integrated estate planning trust); the potential for conflicts of interest between current clients and former clients; the origin and evolution of the attorney-client privilege, and why your files are not as private as you think they are; the ethical duty of confidentiality; and the purpose and scope of the work product doctrine in the litigation setting (including its elements, exceptions and potential waiver). There is also an in-depth discussion as to how the integrated estate planner should act and react when served with a subpoena, and suggestions as to how to minimize the cost and expense the attorney would otherwise